State v. Puran Singh and others) arising out of Case Crime No
Case Details
Neutral Citation No. - 2023:AHC:210094 Court No. - 86 Case :- APPLICATION U/S 482 No. - 38286 of 2023 Applicant :- Mehandi Hasan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Legal Reasoning
and taking into consideration the provision contained in Section 22 of the Mines and Minerals (Development and Regulations) Act, 1957, which provides that "No Court shall taken cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or State Government", order dated 7.11.2020 taking cognizance of the offence based on the charge-sheet dated 29.5.2020 and summoning the applicants under Section 4/21 of the Mines and Minerals Act is liable to be set aside, however it is further open for the competent authority authorised in this behalf by the Central Government or the State Government to file a complaint in writing by an authorised person under the Mines and Minerals (Development and Regulations) Act, 1952, the learned Magistrate may proceed in accordance with law under Section 4/21 of the Mines and Minerals (Development and Regulations) Act, 1957. Sofar as the prosecution of the applicants under Section 379 IPC is concerned, prima facie offence under Sections 379 IPC is clearly made out against the applicants, as such, proceedings under Section under Section 379 IPC cannot be quashed. 13. In view of the foregoing discussion, proceedings of Case No. 5626 of 2022 (State Vs. Puran Singh and others) arising out of Case Crime No. 835 of 2019, under Section 379 IPC and Section 4/21 of Mines and Minerals (Development and Regulations) Act, 1957, Police Station- Swar, District-Rampur, pending in the court of Addl. Civil Judge (Junior Division), Rampur, based on the charge-sheet stands quashed, however the proceedings against the applicant u/s 379 IPC are just, proper and legal and do not call for any interference and the said proceedings would continue against the applicants u/s 379 IPC in accordance with law. 14. With the aforesaid observation, the present application u/s 482 Cr.P.C. is partly allowed subject to the fact that, in case, any complaint is filed by the authorised person under Section 4/21 of Mines and Minerals (Development and Regulations) Act, 1957, the learned Magistrate may proceed in accordance with law in the said section. Further the proceedings of the instant case u/s 379 IPC shall continue against the applicants and brought to logical conclusion in accordance with law. Order Date :- 2.11.2023 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad
Arguments
1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash charge-sheet No. 208 of 2020 dated 29.5.2020 and cognizance order dated 7.11.2022 as well as entire proceedings of Case No. 5626 of 2022 (State Vs. Puran Singh and others) arising out of Case Crime No. 835 of 2019, under Section 379 IPC and Section 4/21 of Mines and Minerals (Development and Regulations) Act, 1952, Police Station- Swar, District-Rampur, pending in the court of Addl. Civil Judge (Junior Division), Rampur. 3. The prosecution story as unfolded in the FIR is that on 22.11.2019, the first informant alongwith revenue team made a spot inspection in Patti Kalan, Tehsil-Swar, District- Rampur. During inspection it was revealed that the applicants by indulging in illegal mining are involved in transportation of the illegally mined sand. In this regard, a first information report was lodged against the applicants, which was registered vide Case Crime No. 0835 of 2019, under Section 379 IPC and Section 4/21 of Mines and Minerals Act, 1952, Police Station- Swar, District- Rampur. 4. After registration of the FIR, the Police thoroughly investigated the matter and after recording statement of the witnesses under Section 161 Cr.P.C. submitted charge-sheet against the applicants. On the basis of which, the learned Magistrate has taken cognizance under Section 4 read with Section 21 of the Mines and Minerals (Development and Regulations) Act, 1957 and under Section 379 IPC vide order dated 7.11.2022. 5. Being aggrieved and dissatisfied by the said order dated 7.11.2022, the present application u/s 482 Cr.P.C. has been filed. 6. Learned counsel for the applicants has submitted that the impugned order dated 7.11.2022 taking cognizance of the offence and summoning the applicants to face trial on the basis of charge- sheet is wholly illegal, without jurisdiction and liable to be set aside. 7. Learned counsel for the applicants has further submitted that for an offence under Section 4 read with Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the 'Act'), no cognizance can be taken on the basis of police report. To substantiate his argument, he has drawn the attention of the Court to the provisions contained in Section 22 of the aforesaid Act, wherein it is stated that "No court shall take cognizance of any offence punishable under this Act or any Rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or the State Government." 8. Perusal of the said provision clearly lays down that for an offence under Section 4 read with Section 21 of the Act, cognizance cannot be taken on the basis of police report rather a complaint is to be filed in writing made by a person authorised in this behalf by the Central Government or the State Government. 9. Learned counsel for the applicants has next submitted that Section 22 of the Mines and Minerals (Development and Regulations) Act, 1957 clearly provides that for an offence under Section 4/21 of the Mines and Minerals (Development and Regulations) Act, 1957, cognizance of the offences cannot be taken on the basis of the police report rather a complaint is to be filed in writing made by a person authorised in this behalf by the Central Government or the State Government (in case of Mines and Minerals (Development and Regulations) Act, 1957). 10. Learned counsel for the applicants has thus submitted that the order taking cognizance of the offences dated 7.11.2022 based on the charge-sheet is bad in law and therefore, liable to be set aside. 11. Per contra, learned AGA could not dispute the aforesaid facts, but has stated that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence under Section 379 IPC is clearly made out against the applicants and as such, proceedings under Section 379 IPC cannot be quashed. 12. Having considered the rival submission made by the parties